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Outlining a right of access to sanitation in South African Law
For many people their ease of access to a private home toilet means that when and where they go to relieve themselves is rarely a deliberation in their minds. In South Africa's rural and peri-urban spaces there are many poor people for whom this is not the case. For these people the inadequacy of th...
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| Format: | Thesis |
| Language: | English |
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Department of Public Law
2017
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| _version_ | 1867613233979850752 |
|---|---|
| access_status_str | Open Access |
| author | Van Zyl, Nicolas |
| author2 | Calland, Richard |
| author_browse | Calland, Richard Van Zyl, Nicolas |
| author_facet | Calland, Richard Van Zyl, Nicolas |
| author_sort | Van Zyl, Nicolas |
| collection | Thesis |
| description | For many people their ease of access to a private home toilet means that when and where they go to relieve themselves is rarely a deliberation in their minds. In South Africa's rural and peri-urban spaces there are many poor people for whom this is not the case. For these people the inadequacy of their access to sanitation compromises their health, safety and ability to live a dignified life. Without an explicit right included in the Constitution, litigating on access to sanitation poses a formidable legal challenge. However, a critical analysis of South Africa's socio-economic and administrative law jurisprudence reveals that a fundamental right of access to sanitation is not exactly necessary. Outlining South Africa's vast network of service delivery legislation and policy, this thesis submits that there is a principled basis in our law to enforce a right of access to sanitation. It illustrates that this legal basis extends beyond merely protecting a person's existing access to sanitation, but includes positive duties imposed on the state to provide certain services as well. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/25535 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| last_indexed | 2026-06-10T12:32:52.713Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2017 |
| publishDateRange | 2017 |
| publishDateSort | 2017 |
| publisher | Department of Public Law |
| publisherStr | Department of Public Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/25535 Outlining a right of access to sanitation in South African Law Van Zyl, Nicolas Calland, Richard Human Rights Law For many people their ease of access to a private home toilet means that when and where they go to relieve themselves is rarely a deliberation in their minds. In South Africa's rural and peri-urban spaces there are many poor people for whom this is not the case. For these people the inadequacy of their access to sanitation compromises their health, safety and ability to live a dignified life. Without an explicit right included in the Constitution, litigating on access to sanitation poses a formidable legal challenge. However, a critical analysis of South Africa's socio-economic and administrative law jurisprudence reveals that a fundamental right of access to sanitation is not exactly necessary. Outlining South Africa's vast network of service delivery legislation and policy, this thesis submits that there is a principled basis in our law to enforce a right of access to sanitation. It illustrates that this legal basis extends beyond merely protecting a person's existing access to sanitation, but includes positive duties imposed on the state to provide certain services as well. 2017-10-04T14:29:48Z 2017-10-04T14:29:48Z 2017 Master Thesis Masters LLM http://hdl.handle.net/11427/25535 eng application/pdf Department of Public Law Faculty of Law University of Cape Town |
| spellingShingle | Human Rights Law Van Zyl, Nicolas Outlining a right of access to sanitation in South African Law |
| thesis_degree_str | Master's |
| title | Outlining a right of access to sanitation in South African Law |
| title_full | Outlining a right of access to sanitation in South African Law |
| title_fullStr | Outlining a right of access to sanitation in South African Law |
| title_full_unstemmed | Outlining a right of access to sanitation in South African Law |
| title_short | Outlining a right of access to sanitation in South African Law |
| title_sort | outlining a right of access to sanitation in south african law |
| topic | Human Rights Law |
| url | http://hdl.handle.net/11427/25535 |
| work_keys_str_mv | AT vanzylnicolas outliningarightofaccesstosanitationinsouthafricanlaw |